Communications

Pursuant to Kentucky Open Records Act, I hereby request the following records:

All emails sent to or by Rowan County Clerk Kimberly Davis from September 1 to the date this request is processed that contain any of the following keywords (please conduct a separate search for each):

"Pope""Francis""Vatican""embassy""Washington, DC"

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Can you be a little more specific on this request. I am certain you are wanting anything that would have pertained to the scheduling of that meeting, but I am unsure. If that was your intent, then there are no records to send you. I do have, however, 2 emails sent to my email from non-supporters that are both from Wednesday, if you like I will fax those to you. Please advise.

Yes, please send me the two emails that you indicate — as well as any other emails that contain the indicated keywords. As these emails are in electronic format, I request that you send them in such format, as I am entitled to request under the KORA.

This is beginning to feel like I am just corresponding in vain. Actually, the KORA Attorney General Opinion 2012 states, "Public agencies are not required to honor emailed open records request but should develop a standard response notifying the requester to submit his or her request by US Mail, fax or in person and immediately issue the standard response."

I have tried on numerous occasions to be accommodating to you and to fulfill your request. If you are interested in these two particular emails, please give me your fax number. Otherwise, I will expect a fax request and the $3.00 fee, for the said 2 documents that meet the criteria of your request.

I am not intending to be difficult or to frustrate you. Rather, I am asserting my right to documents in electronic format. This right is clearly provided under KORA.

The previous Kentucky Attorney General did advise that agencies are not *required* to honor an emailed request (see http://ag.ky.gov/civil/orom/documents/yourdutyunderthelaw_708_.pdf). Your willingness to do so puts you ahead of many agencies, including the CIA and the NYPD. Thank you for acknowledging my emailed requests and processing them quickly.

The KORA statute itself clearly states that a requester may ask that documents be provided either electronic or hard copy format if the agency maintains the document in both formats. This is an unambiguous provision. Since electronic communications — emails — are by definition maintained in electronic format, I am within my rights to request that you provide such documents in electronic format, rather than by fax. This is a simple provision to follow.

I would be happy to send you my request in whatever standard format your office requires for public records requests under KORA. Likewise, I reasonably ask that you provide the documents in the format in which they are currently stored.

If I have misread any of the applicable law here, please also advise me accordingly. I look forward to your substantive reply.

As you've stopped replying to emails regarding my two open requests — both of which you initially acknowledged by email — I am reaching out by fax.

Please note, however, that I continue to assert my right under the KORA to electronic copies of the requested emails. Please advise as to the cost of providing these documents electronically. My preference is that you send these documents by email using the email address that you already have via our previous correspondence (see below). Any necessary correspondence regarding my requests would also be much, much easier to conduct via email than via fax or other means.

I will be appealing your processing of both requests to the Attorney General. You have not answered the simple question of how your emails are stored. Presumably, they are stored in digital, electronic format. As such, I am entitled to receive them in digital format, rather than as faxes or hard copy printouts.

I do not dispute the considerable labor involved in fulfilling my request. To this end, I am willing to reduce the scope of the request so that your office has fewer emails to review. But more than half of your cost estimate is for printing and shipping of hard copies. This portion of your estimate is inappropriate, since it is unnecessary to print and mail the requested emails.

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 2, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 2, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.